I have been seperated (living in seperate homes) from my husband since January 2009 my husband and I put our home on the market to sell in April of this year so that when we finally filed for divorce we would neither have shared ownership in anything. We signed a contract for the home to be on the market for 6 months recently I went to the house to check on the property and found the for sale sign was out of the yard I called the realestate company and they said my husband called them and took the house off the market, I signed the contract with them also cause we equally own the house. Two days later my husband moved back into the home and is now living there with his exwife and child? Is this legal was he allowed to take the home off the market without my consent and does he have the legal right to be living there without my consent and living with someone else. Will this show as an abandonment of the home since he is living there but I am not? I do not have an attorney cause we both agreed that we would handle this on our own and have a non contested divorce when the time came. Now he has went and changed all that and will not return my calls and left me a message if I show up there he will have me arrested for trespassing. I have not gone there in fear that he can have me arrested for trespassing I do not know what rights I have since the home is ours not just his and since we both moved out of the home and had it up for sale for 4 and a half months and now he has taken it off the market and is living in it again? Please help
Since you did not have a Separation Agreement requiring that the home be sold, your husband could take the home off the market.
Your husband returning to the home, which is also legal, absent a court order or Agreement prohibiting the same.
You have not abandoned the home, and still have your ownership interest in the home.
At this point I would suggest that you meet with a lawyer and begin planning to file an action for Equitable Distribution. The court can order that the home be sold, or in the alternative, if your ex now wishes to keep the home, he will be ordered to pay you out for your share of the equity.
Thank you very much for the information I will be contacting a local attorney at once
You are welcome. I wish you the best.